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(영문) 서울남부지방법원 2020.04.07 2019노2138
도박공간개설등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not reach KRW 143,791,937,021 and merely KRW 35,645,360,49 as shown in the annexed crime list.

B. Decision of the court below on unreasonable sentencing: Imprisonment for two years, additional collection of 162,50,000 won

2. Prior to the judgment on the grounds of appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor applied for changes in indictment with respect to the defendant as stated in the facts charged below, and since this court permitted this and changed the subject of the judgment, the part of the judgment of the court below against the defendant can no longer be maintained.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, and the part of the judgment of the court below against the defendant is ruled as follows through pleading.

[Discied reasoning of the judgment of the court below] The summary of the facts constituting the crime and the evidence admitted by the court of this court is as follows: (a) deposit of KRW 143,791,937,021 in total with 26 borrowed accounts listed in the annexed Table 4,5 of the facts constituting the crime of the court below, and deposit of KRW 35,645,360,49 in total with 16 borrowed accounts listed in the annexed Table 16 in the annexed Table 16 table of the crime; (b) deposit of KRW 13,13 and 14 in the annexed list of crimes; and (c) the summary of the evidence in the summary of the evidence of the defendant's trial (as of the third trial date) is identical to each corresponding column of the defendant's written statement of the court below (as of the judgment of the court of the court below's third trial date). Thus, this shall be accepted in accordance with Article 369 of

Application of Statutes

1. Article 47 Subparag. 2 and Article 26(1) of the National Sports Promotion Act related to the facts constituting an offense, Article 30 of the Criminal Act (including similar acts via sports betting tickets, etc.), Articles 247 and 30 of the Criminal Act, and the opening of gambling spaces.

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